Possession Orders
Grounds for possession
The grounds for possession (reasons) for which a possession order may be granted are the same whether your tenant moved in before 1 March 1997 or after 28 February 1997.
Mandatory
- The property is subject to a mortgage which was granted before the tenancy started and the lender (bank or building society) wants to sell it, perhaps to pay off mortgage arrears. Notice period: 2 months
- The tenant owes at least two months' rent, if the tenancy is on a monthly basis or eight weeks' rent if it is on a weekly basis, when the landlord gave notice seeking possession and at the date of the court hearing. Notice period: 2 weeks
Discretionary
- The tenant was behind with their rent when the landlord served notice seeking possession and when the landlord began court proceedings. Notice period: 2 weeks.
- Even if the tenant was not behind with their rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent. Notice period: 2 weeks.
- The tenant has broken one or more of the terms of the tenancy agreement (other than the obligation to pay rent – see above). Notice period: 2 weeks
- The condition of the property has got worse because of the behaviour of the tenant or any other person living there. Notice period: 2 weeks.
- The tenant, or someone living in or visiting the property, has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality, or has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrestable offence committed in the property or in the locality. Notice period: None
- The condition of the furniture in the property has got worse because it has been ill-treated by the tenant or any other person living there. Notice period: 2 weeks
- The landlord was persuaded to grant the tenancy on the basis of a false statement knowingly or recklessly made by the tenant, or a person acting in the tenant's instigation. Notice period: 2 weeks.
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